Free EB-5 Project Evaluation Can a married couple file two separate I-526 Petitions and include one another as derivatives?

Yes, both spouses may file separate EB-5 petitions as principal applicants and list each other as derivatives; however, only one petition may serve as the basis for the EB-5 Visa application. So, while possible, such a plan can only improve the chances of I-526 Petition approval—it will not increase the likelihood of I-829 Petition approval. Two EB-5 applications is no substitute for competent immigration counsel and careful due diligence.